logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2013.11.28 2013노316
업무방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles as to illegally collected evidence, which the court below found as guilty by misunderstanding of legal principles, is not admissible as evidence since the CCTV screen photographs obtained as evidence of guilt were illegally collected and provided in violation of the Personal Information Protection Act.

B) Common assertion as to interference with business cannot be deemed as the threat of interference with business by the Defendant’s failure to view all the hours of interference with business as the hours of interference with business, only with business. Furthermore, the project team door, where the Defendant was seated, did not enter the construction vehicle. Furthermore, since the other party exercising power is an operator of ready-mixed vehicle or a company belonging thereto, it shall not be subject to the rate of interference with business against O and P as of October 9, 2012 (Article 6 of the original criminal facts). (Article 6 of the instant D Construction Work Act) ends at around 18:00, and the Defendant’s act of interference with business from around 19:00 on October 9, 2012 to around 07:30 on the following day, it cannot be deemed that the Defendant interfered with the business of construction solely on the basis of the act of interference with business at the entrance of the project team from the lower court, even if the other party involved in the exercise of power was an operator of ready-mixed vehicle or a company.

B. The lower court’s sentencing is too unfortunate and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles

A. As to the assertion of misapprehension of the legal principles on illegally collected evidence, the submission of evidence illegally collected or provided by a private person shall be determined by weighing and balancing the public interest, such as effective criminal prosecution and discovery of truth in criminal proceedings, and the protection interest of an individual, such as personal interests.

arrow